The following terms and conditions govern all use of the VOC Metrics service and all content, services and products available at or through the website. The Service is owned and operated by VOC Metrics Limited. (“VOC Metrics”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, VOC Metrics’ Privacy Policy) and procedures that may be published from time to time on this Site by VOC Metrics (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the web site and app, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by VOC Metrics, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
Your Account
If you create an account on the Service, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not use VOC Metrics to send unsolicited messages that could be considered spam. You must immediately notify VOC Metrics of any unauthorized uses of your account or any other breaches of security. VOC Metrics will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Acceptable Use
You may only use the Service to solicit feedback about your own products, services, or brands. You may not use the Service for general market research about products, services, or brands not provided or owned by You.
Customer Data
Customer Data will be and will remain your property. “Customer Data” means any profile information, data, and other content or information provided by you, directly or indirectly, to VOC Metrics in connection with your use of the Service, including without limitation such data, content, and information related to your business. VOC Metrics shall only use Customer Data in accordance with VOC Metrics’ Privacy Policy. For the avoidance of doubt, this includes without limitation, using Customer Data in aggregate form to create reports, provide and improve the Service, and provide better functionality to our customers.
Payment And Renewal
Certain portions of the Service may be provided for a fee or other charge. If you choose to use paid elements of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges, posted or linked here. VOC Metrics may add new services for additional fees and charges, or change fees and charges for existing services, at any time in its sole discretion.
No Refunds
If you cancel your subscription, you will not receive a refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Subscription Terms
You acknowledge and agree that you shall be responsible for paying all fees due for the full term of your subscription, whether or not you cancel such subscription prior to the end of such term. You further acknowledge and agree that the term of your subscription shall automatically renew for additional successive terms equal to the period of your initial term, unless you cancel your subscription prior to the end of the then-current subscription term.
Payment Information
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You shall pay all applicable subscription fees, including any sales, excise, service, use or other taxes now or hereafter imposed upon or required to be collected by VOC Metrics by any authority in connection with or arising from the Service and/or this Agreement, excluding taxes based upon VOC Metrics’s net income. You shall pay each invoice issued by VOC Metrics by the applicable due date and in the currency specified by VOC Metrics. Any amounts not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate allowed by law, whichever is less.
Restricted Use
You may not use the VOC Metrics API to substantially replicate products or services offered by VOC Metrics, including the republication of VOC Metrics content or the creation of a separate similar platform for public use. If VOC Metrics believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the VOC Metrics may be temporarily or permanently revoked, with or without notice.
Intellectual Property
This Agreement does not transfer from VOC Metrics to you any VOC Metrics or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with VOC Metrics. VOC Metrics, VOC Metrics logo, and all other trademarks, service marks, graphics and logos used in connection with VOC Metrics, or the Website, or App are trademarks or registered trademarks of VOC Metrics or VOC Metrics’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any VOC Metrics or third-party trademarks.
Collection And Use Of Customer Data
In connection with any Customer Data, you hereby represent and warrant that (a) any personally identifiable information about your end users that you provide to VOC Metrics was, is, and will be collected with the informed consent of such end users, (b) you have obtained all necessary rights, releases, and permissions to provide such Customer Data to VOC Metrics, and (c) the collection, use, and disclosure of such information by you does not violate any laws or rights of any third party, including without limitation any Intellectual Property Rights, rights of privacy, or rights of publicity, and is not inconsistent with the terms of any applicable privacy policies.VOC Metrics takes no responsibility and assumes no liability for any Customer Data that you or any other User or third party provides, posts, publishes or transmits over the Service. You shall be solely responsible for Customer Data and the consequences of using, disclosing, or transmitting it, and you agree that VOC Metrics is only acting as a passive conduit.
Security
We have implemented commercially reasonable and industry standard technical and organizational measures designed to secure Customer Data from accidental loss and from unauthorized access, use, alteration or disclosure. However, you acknowledge that VOC Metrics cannot guarantee that unauthorized third parties will never be able to defeat those measures.
Confidentiality
Confidential Information of either party will mean information disclosed to or learned by the receiving party concerning the disclosing party’s business, customers, products, proposed products, plans, inventions, processes and techniques, which is designated as “Confidential”, “Proprietary” or some similar designation or should reasonably be considered to be confidential or proprietary due to its nature or the context of its disclosure. Confidential Information does not include information that: (i) is or becomes generally known to the public through no fault or breach on the part of the receiving party; (ii) the receiving party obtains from a third party rightfully, without breach of nondisclosure obligations and without restriction on disclosure; or (iii) the disclosing party regularly provides to others without restriction on disclosure. Except as explicitly authorized in writing by this Agreement or otherwise, each party will: (a) not use, for its own benefit or the benefit of any third party, the other party’s Confidential Information; and (b) use all reasonable care, but in no event less care than it takes to protect its own Confidential Information of similar importance, to protect the other party’s Confidential Information from unauthorized use, disclosure and publication. Both parties acknowledge that the breach could cause great or irreparable injury to the disclosing party and that pecuniary compensation would not afford adequate relief, and therefore, that upon any such unauthorized disclosure by the receiving party, the disclosing party shall be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law. Within five (5) days after termination of this Agreement, each receiving party shall destroy or deliver to the disclosing party, at the disclosing party’s option, all materials in receiving party’s possession or control that contain or disclose any Confidential Information of the disclosing party.
Use Of Your Name
You agree that VOC Metrics may use your name, logo, or any other identifying words or marks used by and/or associated with you to identify you as a customer of VOC Metrics, for use in connection with marketing, promoting, and advertising the Service, for use in customer references and case studies involving you, and for use in other activities related to VOC Metrics’s business.
Changes
VOC Metrics reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. VOC Metrics may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Service.
Termination
VOC Metrics may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your VOC Metrics account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer Of Warranties
The Service is provided ‘as is’. VOC Metrics and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither VOC Metrics nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
Limitation Of Liability
In no event will VOC Metrics, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to VOC Metrics under this agreement during the twelve (12) month period prior to the cause of action. VOC Metrics shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation And Warranty
You represent and warrant that (i) your use of the Service will be in strict accordance with the VOC Metrics Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless VOC Metrics, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between VOC Metrics and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of VOC Metrics, or by the posting by VOC Metrics of a revised version. These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales.